Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council that he had nothing to report, but he advised Council that there was a need for an Executive Session to permit the Borough Attorney to update the Council on the status of the on-going litigation with the Brielle Library Association.

The work session was adjourned at 7:31 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 13th, 2007 Meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Scott; all aye. No nays. Passed, Coun. Shaak abstained.

Coun. Gorham, seconded by Coun. Shaak introduced Resolution 07-110 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of November 26th, 2007, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed

RESOLUTION NO: 07-109DATE: NOVEMBER 26TH, 2007

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, 40:A-58 PROVIDES FOR MAKING TRANSFERS BETWEEN BUDGET APPROPRIATION RESERVE ACCOUNTS DURING THE MONTHS OF NOVEMBER & DECEMBER, AND

WHEREAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APROPRIATED FOR THE PURPOSES SPECIFIED IN THE 2007 BUDGET, AND

NOW THEREFORE BE IT RESOLVED, (NO LESS THAN 2/3 OF THE FULL MEMBERSHIP OF THE GOVERNING BODY AFFIRMATIVELY CONFIRMING), THAT THE FOLLOWING TRANSFERS BE MADE BETWEEN APPROPRIATION ACCOUNTS IN THE 2007 BUDGET:

FROM: POLICE O/E $70,000

TOTAL $70,000

TO: POLICE S/W $70,000

APPROVED: NOVEMBER 26th, 2007

Page 150

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a “An Ordinance to Amend Ordinance No. 976 “An Ordinance fixing the Salaries & Compensations of the various Officers & Employees of the Borough of Brielle”.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-112 to authorize publication of the foregoing Ordinance in the Coast Star Newspaper for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on December 10th, 2007. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who noted that the leaves were coming down in a flurry and the DPW was in full leaf collection mode. She reminded the public that brush must be kept separate from the leaves as it can clog the leaf machines. Coun. Scott added that two machines had been disabled last season due to failure to separate brush. Coun. Scott also asked the public to avoid creating large leaf piles. Spreading the piles along the perimeter of one's property simplified the collection process.

Turning to environmental issues, Coun. Scott informed the assembly that LED Christmas Lights used 90% less energy. One thousand of these lights could be lit for 6 hours at an energy cost of $.50 per month, compared to $5.00 a month for mini lights. She added that those who still used the old fashioned standard bulbs paid $50.00 a month.

Coun. Scott also reminded the public that catalogues can be recycled and that Christmas cards made with recycled paper save energy. For every ton of recycled paper, the world saves 380 gallons of oil and 17 trees. She added that you could also save by dropping five people from your list and sending e-mail instead. In closing she cited Mr. Burkhardt's addition of fluorescent tubes to the list of recyclables at the Borough Yard.

Coun. Nolan cited the December 2nd Christmas Tree Lighting, the Biddy Basketball Signup, and the December Bus Trip to South Street Seaport, all sponsored by the Brielle Recreation Commission.

Coun. Garruzzo cited the complaint received at the last meeting regarding a letter mailed to Brielle Residents concerning candidate Mary Burke. He stated that Chief Palmer had investigated the matter and reported “I have determined that no crime was committed”. Therefore the Brielle Police Department will not open an investigation into revealing the author of the letter. I also contacted the Monmouth County Prosecutor's Office, and they concur with my findings".

Coun. Shaak reported that a new eight inch water main had been installed in the area of North East Drive, Cole Drive and Jordan Drive. This will improve water pressure and be a benefit to the residents and for any potential need to fight a fire.

Page 151

Coun. Shaak also noted that the Route #70 Bridge project was moving along. Pile driving had ended and the horizontal girders were now being installed on the westerly section of the bridge. This process had taken six months for completion on the eastern side, so it could be anticipated that the bridge will be ready for the summer traffic.

Coun. Shaak added that the 2007 Road Improvement Program had been completed and that Rankin Road, Locust Road and Oceanview Road had been repaved. He applauded Earle Asphalt for a job well done.

Coun. Bolger advised that the Bayberry Garden Club had appeared on Channel 12 News during its coverage of the annual decorating of the Governor's Mansion at Drumthwacket. The Club was decorating the entry porch and was eligible to win the competition among the State's Garden Clubs for the best decorating. Coun. Bolger noted that the Mansion could be visited on Wednesdays during the Holiday Season.

Coun. Bolger also noted that the Bayberry Garden Club had participated in decorating the Monmouth Museum where a Holiday Exhibit featured Christmas Trees of the World and a model train layout. The Club's theme had been trees of Japan. The Museum was located on the grounds of Brookdale College in Lincroft and was only closed on Mondays.

Coun. Gorham having no report the Chair opened the meeting to the public and recognized William Brannick, 805 Schoolhouse Road.

Mr. Brannick cited an OPRA request he had made to SMRSA that indicated Mayor Nicol received health benefit coverage from that institution at a cost of $19,400.00 to the taxpayers; he asked if Mayor Nicol would relinquish those benefits? The Mayor replied "no".

Daniel Burke, 1013 Cedar Lane, said that the benefits were not deserved and that it was "stealing from the public". Mr. Burke then took exception to Coun. Garruzzo's statement on the letter. He termed the letter as a "hideous, egregious and cowardly act". He added that the Council could say what they wanted, but it was a criminal act and he intended to pursue the matter.

Mr. Burke then asked if any member of the Governing Body had any been involved with the letter and he demanded that they sign an affidavit to that effect and he asked Coun. Scott if she had been involved?

Mayor Nicol advised Mr. Burke that he was out of order and that the Council had nothing to do with the letter. Mr. Burke responded that he had a right to ask questions, but he understood why the Council would be unwilling to sign an affidavit. Mr. Burke then gratuitously made reference to former Coun. Lenzen having his "hand in the till" and being "paid for public service".

Mayor Nicol said that the Council would not establish a precedent by signing any affidavit and added that this matter had nothing to do with the administration of the Borough; it was a "political matter".

Page 152

Mr. Burke countered that the elected officials were "politicians" and this matter "was not going away".

Daniel Fallon, 1004 Forrest Road, congratulated Coun. Gorham on his election and noted that he had run on a platform of "fiscal responsibility". He noted that the Mayor & Council had given up their health benefits after a petition with 900 signatures had been presented to them; he urged Coun. Gorham to use his influence to have Mayor Nicol relinquish his $19,400.00 SMRSA benefit package.

Mary Burke, 1013 Cedar Lane, informed the Mayor that his letter to the Coast Star that minimized her role in the lowering of the Route #70 Bridge was "out-of-line". Ms. Burke advised that she had copies of Coast Star articles and a letter from Congressman Chris Smith that demonstrated her role in the process. She termed the Mayor's letter as "politically motivated".

George Sevastakis, 408 Higgins Avenue, asked Mr. & Mrs. Burke if they were concerned with finding out who wrote the letter or with what the letter said?

William Brannick called a point of order and stated that this was a "private conversation" and not official business. The Chair concurred.

David Dupre, 1016 Riverview Drive, asked if Fall leaf collection could be extended due to the fact that so many leaves had remained on the trees until recently?

Coun. Scott said that December 15th was the deadline, but it could be extended based on weather conditions, but every effort would be made to collect all the leaves.

Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist. Now, Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on November 26th, 2007, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows: "Status of Litigation with the prior Brielle Library Association".

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

Page 153 26th November 2007

The Executive Session began at 7:58 p.m. and ended at 8:16 p.m. The session was adjourned on a motion by Coun. Shaak, seconded by Coun. Garruzzo.

Coun. Shaak, seconded by Coun. Garruzzo introduced Resolution 07-114 to authorize the Borough Attorney to proceed in responding to the court motion against the former Brielle Library Association in accordance with the parameters discussed in the Executive Session. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

The meeting was adjourned at 8:18 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.